BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100013740
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his rank and pay grade as private first class (PFC)/E-3 at the time of his discharge.
2. The applicant states he was discharged in the rank of PFC/E-3 and he desires his DD Form 214 to reflect that rank.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Minnesota Army National Guard (MNARNG) on 13 December 1980 for a period of 6 years. He was ordered to initial active duty for training on 14 June 1981 at Fort Benning, Georgia, where he underwent one-station unit training as a light weapons infantryman. On 9 September 1981, he was honorably released from active duty for training in pay grade E-1 and was returned to his MNARNG unit.
3. He was advanced to pay grade E-3 on 24 January 1983 and on 20 November 1983 he was honorably discharged from the MNARNG in pay grade E-3 under the expeditious discharge program (EDP) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve). He was issued a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that shows he was discharged in pay grade E-3.
4. On 12 December 1986, he was honorably discharged from the USAR in pay grade E-3 due to completion of his service obligation (6 years). He was issued orders reflecting his discharge in pay grade E-3.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 is issued upon release or discharge from active duty and reflects information that is current as of the date of release or discharge from active duty. Information/changes that occur subsequent to the effective date of the DD Form 214 are not authorized for retroactive entry on that form unless the event occurred during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect that his pay grade was E-3 at the time of his discharge has been noted and found to lack merit.
2. At the time the applicant was released from active duty for training and his DD Form 214 was issued he was serving in pay grade E-1. Accordingly, the DD Form 214 was correctly prepared to reflect his rank and pay grade at the time the DD Form 214 was issued and he has failed to show otherwise.
3. The applicant was subsequently advanced to pay grade E-3 and was discharged in that pay grade from the MNARNG and the USAR. Accordingly, he was issued an NGB Form 22 and discharge orders to reflect his rank at the time of his discharge.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100013740
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